Board of Supervisors Minutes April 2001

Board of Supervisors Minutes

April 2001

April 3, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 3, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the Board canvassed the Special Election for Fremont Mills School District. Motion was made by Hickey, seconded by Aistrope, carrying unanimously, to approve the following: Upon Public Measure (A) The Fremont Mills Community School District question of levying a voter approved physical plant and equipment tax, there were 599 votes cast. For the question there were 271 votes cast and against the question there were 328 votes cast. We therefore declare the Public Measure (A) Not Adopted. Upon Public Measure (B) The Fremont Mills Community School District be authorized to issue bonds not to exceed $3,145.000, there were 597 votes cast. For the question there were 253 votes cast and against the question there were 344 votes cast. We therefore declare the Public Measure (B) Not Adopted.

At 9:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign a payment voucher to the Iowa Department of Transportation for printing services. Motion seconded by Hickey and carried unanimously. Motion was made by Hickey to authorize Chairman Whipple to sign the contract and bond with Barton Construction Co., Inc. for Project No. L-4-31-1. Motion was seconded by Aistrope and carried unanimously.

A response was sent, in regards to a letter received from the County Attorney, confirming the move of the County Attorney’s office to the Courthouse by July 1, 2001.

In other business, the Report of Soldiers Relief Commission was approved. Payroll and claims for April 6, 2001 were approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

April 5, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, April 5, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the Board, acting as trustees for the Hamburg Levy and Drainage District, approved the following resolution with a motion to approve made by Hickey, seconded by Aistrope and carried unanimously.

A RESOLUTION TO DEPOSIT ADDITIONAL FUNDS IN A SPECIAL ACCOUNT FOR OPERATION AND MAINTENANCE OF THE FEDERAL PLAN OF IMPROVEMENT: "FEASIBILITY REPORT AND ENVIRONMENTAL ASSESSMENT – FLOOD CONTROL FOR THURMAN TO HAMBURG, IOWA"

Whereas, on May 9, 1995, the Hamburg Levee & Drainage District entered into an Interlocal Cooperation Agreement for the purpose of sharing the local costs of construction, operation and maintenance of the federal plan of improvement: "Feasibility Report and Environmental Assessment – Flood Control for Thurman to Hamburg, Iowa" and

WHEREAS, the aforesaid Interlocal Cooperation Agreement requires that all local costs associated with the federal plan be shared in the following proportions:

Benton -Washington Levee District 49.15%
Hamburg Levee and Drainage District 28.29%
Northwest-Atchison Levee District 14.18%
McKissick Island Dike and Levee District 6.86%
Buchanan Drainage and Levee District 1.52%

AND WHEREAS, the construction phase of the improvement is completed and the project has been turned over to the local districts for operation and maintenance, and

WHEREAS, the trustees of the aforesaid districts have met and decided that due to continued high stages on the Missouri River an additional $10,000.00 must be deposited in a special account known as "Hamburg Pumping Facilities Operation and Maintenance Account" for the purpose of initial operation and maintenance of the improvement, and

WHEREAS, the local costs to the district for construction, operation and maintenance of the aforesaid federal plan of improvement must be levied upon the lands of the district benefited by the said improvement on the basis of the classification for benefits as finally established pursuant to section 468.212 of the 1997 Code of Iowa.

NOW THEREFORE IT IS RESOLVED by the Fremont County Board of Supervisors, acting for and in behalf of the Hamburg Levee and Drainage District, that the Fremont County Treasurer is directed to draw from the funds of the district the sum of $2,829.00 and deposit said funds in the special account known as "Hamburg Pumping Facilities Operation and Maintenance Account" in the Citizens Bank (formerly Iowa State Bank) of Hamburg, Iowa.

Dated at Sidney, Iowa this 5^th day of April, 2001.

ATTEST:

/s/ Lucille Hunt                                                   /s/ John E. Whipple      aye
Fremont County Auditor                                  /s/ David Aistrope       aye
                                                                           /s/ Keith Hickey           aye

A response was sent, in regards to a letter received today from Nishna Productions, that the Board did not authorize Sandra Sillers to sign a 28E agreement to authorize the host county to negotiate rates with providers and that Sandra Sillers, Fremont County CPC, will negotiate rates for Fremont County. A response letter was also sent to a resident informing him that the Conference Board receives all complaints or valuation objections in regards to the Assessor’s office.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

April 10, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 10, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Sandra Sillers met with the Board for her Performance Review.

At 11:00 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign a Public Road Right of Way Use Permit for Bill’s Dozer Service, Hamburg, IA, to remove trees and grade banks back on the Robert Zuck property, with the landowner reseeding, in Section 23, T67N, R41W. Motion was seconded by Hickey, carrying unanimously.

Carl Johnson stopped in to visit with the Board. He asked if it would be OK to lower a tube on his property so it would drain better into the Schultz drainage ditch. The Board said it was OK if he did the work and took responsibility for the work and the tube..

In other business, the County Recorder’s Report of Fees Collected was approved.

The Board left to inspect West Benton Drainage District.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

April 12, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, April 12, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign an amended Iowa Department of Transportation Secondary Road Budget and an amended Iowa Department of Transportation Construction Program for fiscal year 2001. Motion was seconded by Aistrope, carrying unanimously. Motion was made by Aistrope, seconded by Hickey, to authorize Chairman Whipple to sign Hungry Canyons Project Numbers 0l-6 and 01-7. Motion carried unanimously. Motion was made by Hickey, seconded by Aistrope, to authorize Chairman Whipple to sign an application for approval of underground construction for QWEST Communications, Inc. for placement of 50 pair of buried copper telephone cable on 210 Avenue, seven miles west of Hamburg to service Sapp Brothers, 2491 210 Avenue. Motion carried unanimously.

At 9:30 a.m. Janeth Winkler met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign the Interim Assistance Reimbursement Agreement from the Department of Human Services. Motion was seconded by Aistrope and carried unanimously.

At 9:45 a.m. motion was made by Hickey to authorize Chairman Whipple to send a letter to the Iowa Department of Economic Development to request an extension for a closing date for Project 98-DF-004. Motion was seconded by Aistrope and carried unanimously.

AT 10:00 a.m. bids were opened for the installation of the generator at Country Acres Care. Present were Kevin Morse, Sandra Sillers and Bill Novinger. Bids received were $27,230.00 from Black Hawk Engineering, Inc. from Omaha, NE and $12,500.00 from Novinger Electric, Inc. from Shenandoah, IA. Motion was made by Hickey to accept the apparent low bid of $12,500.00 from Novinger Electric, Inc. from Shenandoah, IA. Motion was seconded by Aistrope and carried unanimously.

In other business, the Sheriff’s Monthly Report of Fees Collected was approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

April 17, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 17, 2001, in the Fremont +County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. bids were opened to purchase a backhoe for Secondary Road. Present were Dan Davis, Mike Batenhorst, Steve Goins and Chris Larson. The Secondary Road Department is trading two backhoes, a 1973 Ford and a 1984 Case. They will only need one backhoe, and if they need another it can be rented. Bids received were: from Ziegler, Inc., a 2001-420D Caterpillar backhoe, a bid of $75,952 without trade, with a trade of $14,000, a net bid of $61,952; from Murphy Tractor & Equipment Co., a 2001-310SG John Deere backhoe, a bid of $66,935 without trade, with a trade of $15,500, a net bid of $51,435. After discussion, motion was made by Hickey to accept the net low bid of $51,435 from Murphy Tractor & Equipment Co. Motion was seconded by Aistrope and carried unanimously.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 17^th day of April, 2001, that Brian Shirley be reappointed to the Fremont County Board of Adjustment for a five year term, ending June 30, 2006.

Motion to approve made by Hickey, seconded by Aistrope, carried unanimously.

ATTEST:

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 17^th day of April, 2001, that the Additional Guidelines for Case Management Personnel be adopted in addition to the County Policy Personnel Manual for Fremont County.

Motion to approve made by Aistrope, seconded by Hickey, carried unanimously.

ATTEST:

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 17^th day of

April, 2001, that the Internet Use Policy for Fremont County be adopted.

Motion to approve made by Hickey, seconded by Aistrope, carried unanimously.

ATTEST:

In other business, payroll and claims for April 20, 2001 were approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

April 19, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, April 19, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:30 a.m. Sheriff Steve MacDonald met with the Board. The following resolution was approved.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 19^th day of April, 2001, that the Fremont County Sheriff is authorized to charge $50.00 per day for prisoners on work release.

Motion to approve made by Hickey, seconded by Aistrope, carried unanimously.

ATTEST:

At 10:00 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Aistrope, seconded by Hickey, to authorize Chairman Whipple to sign an agreement between Fremont County and Donald Lee Spencer and Maelee Hatten Spencer to furnish Fremont County a permanent easement for public right of way for Project

No. FM-CO36(25)—55-36. Motion carried unanimously. Motion was made by Hickey, seconded by Aistrope, to authorize Chairman Whipple to sign two payment vouchers to Kirkham, Michael and Associates, Inc. for Projects FM-CO36(29)—55-36 and BROS-CO36(27)—5F-36. Motion carried unanimously.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

April 26, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, April 26, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Hickey, seconded by Aistrope, to amend the Capital Projects budget because of carry over projects, increased construction costs and increased right of way costs. Motion carried unanimously. Motion was made by Aistrope, seconded by Hickey, to authorize Chairman Whipple to sign a Fremont County, Iowa Public Road Right of Way Use Permit for Carl Johnson, Sidney, Iowa, for knocking down the shoulder on the north side of 190^th, east of Hwy 275, to Andy Sheldon’s house, with the fence being taken out and brush cleaned out. Motion carried unanimously. Motion was made by Aistrope, seconded by Hickey, to authorize Chairman Whipple to sign an application for approval of underground construction county highway right of way for Iowa Telecommunication Service, Inc., Grinnell, Iowa, for buried copper telephone cable in edge of roadbed of 325^th Ave. one mile south from Randolph, Iowa, in Section 21 of Riverside Township. Motion carried unanimously.

At 9:30 a.m. Sheriff Steve MacDonald met with the Board to discuss an amendment to the current budget. He requested $150,000 to give him a cushion to work with in his budget. Whipple said we don’t budget cushions.

MacDonald said he had a $75,000 COPS grant coming. The Board said they would approve the $75,000 revenue and expenditure for increased fuel costs, employee overtime and comp time, part-time employee wages, motor vehicle repairs and equipment and housing Fremont County prisoners in other facilities. They also told him $15,000 would be allowed to fix the communications tower. Motion was made by Aistrope to approve the above amounts, seconded by Hickey and carried unanimously.

At 10:05 a.m. Dave Graeser met with the Board in regards to the Moyer Development. Motion was made by Hickey, seconded by Aistrope, carrying unanimously, to approve the following resolution.

RESOLUTION APPROVING PLAT OF MOYER DEVELOPMENT SUBDIVISION, FREMONT COUNTY, IOWA:

WHEREAS, MOYER DEVELOPMENT, L.L.C., proprietor and sole owner of the following described real estate, situated in Fremont County, Iowa, to-wit:

A parcel of land located in part of the SE ¼ SE ¼ and in part of the NE ¼ SE ¼ of Section 20, Township 68 North, Range 43 West of the 5^th Principal Meridian, Fremont County, Iowa, said parcel being more fully described as follows:

Commencing at the Southeast Corner of said Section 20; thence N00 00’00" E along the East line of said SE ¼ SE ¼ a distance of 669.46 feet to the Northeast Corner of Parcel "A" as shown on the Plat of Survey recorded in Book 89 at Page 107 and the Point of Beginning; thence S89 48’48"W along the North line of said Parcel "A" a distance of 480.92 feet to the Northwest Corner of said Parcel "A"; thence S00 00’00"W along the West line of said Parcel "A" a distance of 533.31 feet to the Southwest Corner of said Parcel "A"; thence S89 03’59"W a distance of 771.73 feet; thence S89 05’57"W a distance of 13.46 feet; thence N00 00’00"E a distance of 90.00 feet; thence N02 34’38"W a distance of 999.22 feet; thence N00 03’12"E a distance of 1384.45 feet to the Northwest Corner of said NE ¼ SE ¼; thence N87 56’47"E along the North line of said NE ¼ SE ¼ a distance of 1310.85 feet to the Northeast Corner of said NE ¼ SE ¼; thence S00 00’00"W along the East line of the SE ¼ of said Section 20 a distance of 1971.47 feet to the Point of Beginning. Said parcel contains 68.36 acres, more or less, including presently established county road right-of-way (2.83 ac.), and is subject to easements of record.

Note: The East line of the SE ¼ of said Section 20 is assumed to bear N00 00’00"E for this description.

Has submitted to the county zoning commission and to this Board a sufficient number of Plats of Subdivision, said tract to be known as Moyer Development Subdivision, said plat conforming in all essential respects with the requirements of the Code of Iowa and the Ordinance of this County and to the extent requirements of the latter are omitted, said are either not applicable to this particular subdivision, or are non-essential; and

WHEREAS, this Subdivision is more than one mile from the city limits of any town in the county and county subdivision ordinance applies; and

WHEREAS, the County Zoning Commission has approved the said Subdivision Plat and the said Subdivision is consistent with orderly growth and development of the County and the protection of the public welfare and interest of the County and surrounding area, and is in keeping with the general intent and spirit of the County Subdivision Ordinance;

NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA;

That a Preliminary Plat was filed with the Zoning Commission and the Plat of Subdivision of Moyer Development, Lots 1 through 30 inclusive, is in substantial compliance with the Preliminary Plat.

That the road paving has been constructed or is under contract for construction to serve all lots. Such improvement is being provided at the proprietors’ expense according to reasonable County Specifications and to standards as specified by the County Engineer, all as provided by Ordinance. Other improvements are provided at the proprietors’ expense according to State Ordinances.

That the Plat of the afore-named Subdivision and accompanying documents are hereby approved and accepted, and 208^th Avenue, 209^th Avenue, 210^th Avenue, 245^th Street, 247^th Street, and 249^th Street, shall be accepted for county maintenance upon completion and acceptance by the County Engineer in writing. The other improvements are not accepted for county maintenance. The Chairman of the Board and the County Auditor are directed to certify this resolution for attaching to the Plat to be made of record in the office of the County Recorder as required by law.

/s/ Lucille Hunt /s/ John E. Whipple, Chairman
Fremont County Auditor

Approved as to Form: /s/ Vicki R. Danley, County Attorney

By: Marci L. Prier, Deputy County Attorney

/s/ Daniel R. Davis, County Engineer

CERTIFICATE OF RESOLUTION: The undersigned Chairman of the County Board of Supervisors, and Fremont County Auditor, respectively, of Fremont County, Iowa, do hereby certify that the plat of Moyer Development, a subdivision of a part of the SE ¼ SE ¼ and part of the NE ¼ SE ¼, Section 20, Township 68 North, Range 43 West of the 5^th P.M., Fremont County, Iowa, was submitted to the Board of Supervisors of said County, at a regular meeting of said Board, held on the 26 day of April, 2001 and that the above and foregoing instrument is a true and correct copy of the Resolution passed and adopted at said meeting which is now recorded in the minutes of the said meeting. Said Resolution was introduced and offered by Board Member Hickey, who moved its adoption, that it was seconded by Aistrope, and that on roll call the following Board Members voted.

/s/ John E. Whipple, Chairman aye
/s/ Keith Hickey aye
/s/ David Aistrope aye

Whereupon the Chairman declared the Resolution and accompanying documents of Moyer Development carried, approved and accepted.

/s/ Lucille Hunt /s/ John E. Whipple, Chairman
Fremont County Auditor

At 10:30 a.m. Mark Neill from Electronic Engineering met with the Board in regards to the wireless panic system that could be installed in the offices and courtroom in the Courthouse. The Board will make a decision at a later date.

At 11:00 a.m. Janeth Winkler met with the Board to discuss the cost report for case management and to amend the budget for court ordered substance abuse. Motion was made by Aistrope to approve to amend the court ordered substance abuse line, seconded by Hickey and carried unanimously.

At 11:15 a.m. motion was made by Aistrope to approve the following resolution. Motion seconded by Hickey and carried unanimously.

A RESOLUTION TO PUBLISH AND SERVE A NOTICE OF PUBLIC HEARING ON THE REPORT OF COMMISSIONERS AND ASSESSMENT OF COSTS AND EXPENSES OF CONSTRUCTION AND INITIAL OPERATING COSTS OF THE BENTON WASHINGTON LATERAL

WHEREAS, on May 9, 1995 the Benton-Washington Levee District entered into an interlocal cooperation agreement to share the local costs of construction, operation and maintenance of the Thurman-to-Hamburg Flood Control Improvement, and

WHEREAS, the report of the Engineer, Dale E. Miller P.E. of Kirkham-Michael and Associates, adopted by the Benton-Washington District on April 20, 1995, indicates that only part of the district is benefited by the improvement, and,

WHEREAS, all local costs of construction, operation and maintenance of the improvement must be levied upon the lands of the district benefited by the improvement, and

WHEREAS, the improvement has been constructed and turned over to the local districts for operation and maintenance and the total local costs can now be ascertained, and

WHEREAS, a competent and disinterested civil engineer and two resident freeholders of Fremont County, Iowa, not living within, nor interested in any lands included in the district, nor related to any party whose land is affected by the district, were appointed Commissioners to classify the lands of the Benton-Washington Levee District as to the percentage of benefit received from construction of the Thurman-to-Hamburg Flood Control Improvement, and apportion and assess the costs and expenses of construction of the improvement on the basis of such classification, and

WHEREAS, the final report was filed in the office of the Auditor of Fremont County, Iowa on April 24, 2001 and conforms to Sections 468.38, 468.39, 468.40, 468.42, 468.43 and 468.44 of the Code of Iowa.

NOW, THEREFORE, it is resolved by the Fremont County Board of Supervisors, that before the Fremont County Board of Supervisors and the Board of Trustees of the Benton-Washington Levee District of Fremont County, Iowa, Acting For and In Behalf of the Benton-Washington Lateral, the Auditor shall cause notice to be served upon each person whose name appears as owner, naming the person, and also upon the person or persons in actual occupancy of any tract of land without naming the person or persons, of the day and hour of such hearing, which notice shall be for the same time and served in the same manner as is provided for the establishment of a levee or drainage district, and shall state the amount of assessment of costs and expenses of construction apportioned to each owner upon each forty-acre tract or less, and that all objections thereto must be in writing and filed with the auditor at or before the time set for the hearing on May 24, 2001 at 7:00 p.m. in the Courtroom at the Fremont County Courthouse.

IT IS FURTHER RESOLVED that such notice shall be published in a newspaper of general circulation in Fremont County, Iowa which has been designated for publication of official notices. Publication of such notice shall be not less than twenty days prior to the hearing date of May 24, 2001.

Dated this 26^th day of April, 2001.

ATTEST: Fremont County Board of Supervisors

/s/ Lucille Hunt                                                   /s/ John E. Whipple
Fremont County Auditor                                  /s/ David Aistrope
                                                                           /s/ Keith Hickey

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

April 24, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 24, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

The Board of Supervisors sent a letter to all departments in regards to a budget amendment in May. If they want to be considered for a budget amendment, they should contact the Auditor to be placed on the agenda on Thursday, April 26, 2001.

Motion was made by Hickey, seconded by Aistrope, carrying unanimously to approve the following resolution.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 24^th day of April, 2001, that the following order for destruction of noxious weeds be effective immediately.

1. That each owner and each person in the possession or control of any land in Fremont County shall cut, burn, spray, or otherwise destroy all noxious weeds thereon and shall prevent weed seeds from blooming or coming to maturity, and shall keep said lands free from such growth of any other weeds as shall render the streets or highways adjoining said land unsafe for public travel.

Noxious weeds shall be cut, burned, sprayed, or otherwise destroyed on or before the following dates and as often thereafter as is necessary to prevent seed productions:

Group 1: May 20, 2001 – for Leafy Spurge, Perennial Peppergrass, Sour Dock, Sheep Sorrow.

Group 2: May 20, 2001 – for Canada Thistle, Russian Knapweed, Buckhorn, Wild Mustard, Musk Thistle, and all other species of thistle.

Group 3: June 30, 2001 – for Field Bindweed, Wild Carrot

Group 4: June 30, 2001 – for Horse Nettle, Perennial Sow Thistle, Quack Grass, Butter Print, Puncture Vine, Cocklebur, Bull Thistle and Hemp.

Group 5: August 14, 2001 – for Shatter Cane and Wild Sunflower.

2. That each owner and person in the possession or control of any lands in Fremont County, infested with any noxious weeds, including Quack Grass, Perennial Sow Thistle, Canada Thistle, Field Bindweed, Horse Nettle, Leafy Spurge, Perennial Peppergrass, Russian Knapweed, Hemp, or any species of Thistle, shall adopt a program of weed destruction described by the Weed Commissioner, which in five years may be expected to destroy and will immediately keep under control such infestations of said noxious weeds.

3. That if the owners or persons in possession/control of any land in Fremont County fail to comply with the foregoing order, the Weed Commissioner shall cause this to be done and the expense of said work, including costs of serving notice and other costs, if any, to be assessed against the land and the owners thereof.

ATTEST:

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

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